Keene’s defense wants higher court to step in

BARRIE - Mitch Eisen, a lawyer representing Innisfil’s Andrew Keene in a first-degree murder case, has asked for a Superior court review.
Keene is facing a charge of first-degree murder and performing an indignity to a body in connection with the 2007 death and dismemberment of Barrie’s Alexandra Flanagan.
The charges have yet to be proven in court.
Eisen is making what’s called a certiorari application after Justice James Crawford decided in October there is enough evidence for the case to proceed as first-degree murder.
A first-degree murder charge comes if the death was planned and deliberate, involved the death of a peace officer, or happened during a sexual assault, kidnapping or forcible confinement.
Eisen wasn’t happy with Crawford’s decision, and has applied for a review.
“An application for certiorari is an application for a declaration by a Superior court that the inferior court went outside its jurisdiction in a ruling or order that it made,” said Eisen.
He said in this case, the Superior court would “review the judgment and evidence at the preliminary hearing” to see if a first-degree murder trial was appropriate. “Or whether, in this case, based on the evidence led by the Crown there should have been a committal on second-degree murder only,” said Eisen.
A first-degree murder conviction carries a life sentence with no parole eligibility until 25 years. Second-degree murder allows parole eligibility after 10 years.
Keene’s case is next back in court Feb. 28.